Loading...
Countryside Master Association INSTR 5173277 OR 5195 PG 3360 RECORDED 9/18/2015 10 09AM PAGES 18 DWIGHT E BROCK, CLERK OF THE CIRCUIT COURT COLLIER COUNTY FLORIDA REC$154 50 Major User Agreement for Delivery and Reuse of Irrigation Quality (IQ) Water Countryside THIS Major User Agreement for the Delivery and Reuse of IQ Water (Agreement) is made and entered into this 1 ji, day of AV ~4 ZV/*�- between and be� een Coontryside Master Association, Inc., a Florida non'pro�tco/po/at�on, whose mailing address is 600 Countryside Drive, Naples, FL 34104 (hereinafter referred to as "User") and the Collier District Water-Sewer District (hereinafter referred to as "District"), collectively, the Parties hereto ("Parties"). This Agreement will take effect on d k -«- , 20 -nd will be effective th uQh September 30, 2020\ RECITALS WHEREAS, lQ Water offers an environmentally sustainable method for managing wastewater disposal, conserving potable water sources, and Section 403.064, F.S. encourages local governments to implement reuse projects and places limitations on deep well injection and other forms of effluent disposal; the District desires to use for itself and make available to the public, |{l Water as an alternative water resource to be used for both irrigation and non irrigation purposes;and, WHEREAS, all vxostevvate, treatment plant permittees that reuse |Q Water or dispose of effluent upon any property owned by another party, must enter into a binding agreement between the involved parties to ensure that construction, operation, maintenance, and monitoring of such use meets the requirements of Chapters 62-600\ 62-620 and 82'510\ F.A.C.; and, WHEREAS, the Board of County Commissioners (Board) has adopted Ordinance No. 2013'48, to maintain compliance with District Wastewater Reclamation Facility operating permits, applicable laws, rules, and regulations, ensure consistency with the |{} Water Policy and allow for optimization of the District's 10 Water System; and, WHEREAS, the Board has also adopted an 10 Water Policy, as it may be supplemented and amended from time to time, which is intended to provide beneficial public use of IQ Water by ensuring the optimum utilization of the District's limited water supplies; and, WHEREAS, the District agrees to deliver 10 water and the User agrees to receive, accept, and beneficially reuse IQ water upon the lands described in Exhibit "A" and in accordance with the terms, conditions and responsibilities of this Agreement. NOW,THEREFORE,the Parties agree as follows: 1. RECITALS. The recitals above are true and correct and are hereby incorporated into and made a part hereof. 2. CAPITALIZED AND UNDEFINED TERMS SHALL HAVE THE MEANINGS ASCRIBED TO GI Page 1 of 18 THEM IN THE DISTRICT Q WATER POLPX. l USER REPRESENTS AND WARRANTS RECORD OWNERSHIP, The User hereto represents and warrants to the District that the Party or Parties identified herein as the User constitute all persons or entities that are the record owners of the irrigable property described in Exhibit "A," attached hereto (hereinafter referred to as the "Property"). 4 On June 25, 2013, the Board of County Commissioners (Board) adopted Ordinance No. 2013-48 relating to the production, sale and delivery of IQ Water to Users within the District for the benefit of both the Users and the District, among other provisions. Ordinance No. 2013'48' to include all of its definitions, terms, conditions, obligations and requirements, is hereby incorporated into this Agreement in its entirety by reference. 5. |(} WATER POLICY. The Board of County Commissioners (Board) has a|oo adopted an |{% Water Policy (Policy), that may be supplemented and amended from time to time, which delineates certain policies for providing 10 Water Service to include, but not be limited to, definitions, levels of service, application of rates, and the provision of service. 6. QUANTITY. Bulk Service Customers: the User's Allocation is based on the combination of the availability of the District's IQ Water and the IQ Water Application Rate for the Property as described in Exhibit "A."The User's Allocation, which the District agrees to make available, and the User agrees to accept based on the terms of this Agreement, is calculated as 257 600 gallons per day (gpd). This Allocation constitutes the minimum amount of IQ Water that the District agrees to provide to the User, subject to all of the other terms and conditions as set out further in this Agreement. The District is not obligated to provide any additional IQ Water to the User beyond the User's Allocation for the term of this Agreement. However, based upon |{} Water availability, the District will use all reasonable efforts pursuant to the terms of this Agreement to provide the User with additional volumes of IQ Water beyond the User's Allocation to approximate the historic volumes delivered to the User. Delivery of this additional |{} Water at any time does not grant the User with an increase to its Allocation under this Agreement. No Allocations will exceed the amount as is determined by the availability of the 10 Water. If the User is desirous of limiting the amount of IQ Water received to a specific volume less than or only equal to the Allocation amount, the User must file a request in writing to the District. Modifications to this request may only be made once per calendar year. The District agrees that it will provide the User with its Allocation of IQ Water instead of the deep injection of 10, Water (including charging aquifer storage and recovery wells); r(-7• Page 2 of 18 except for reclaimed water needed [or water reclamation facility treatment processes, injection well testing, flushing ;aodoilier regulatory requirements oras it may he deemed necessary by the District to do so from time to time in order to protect the Public's health and safety. For purposes of this Agreement, each day equals a twenty-four /24\ hour period, which begins at midnight, 12:00 a.m. The District retains the right and sole discretion with respect to delivery times to the Users. Prior to the addition of any future Users of the IQ Water System, and based on IQ Water Availability, existing Major Users will be provided with an opportunity to increase their Allocations on a pro-rata basis up to the amount of one inch (1") per acre, per week, of the IQ Water Application Rate of the then recognized amount determined by the IQWAR utilization, in exchange for the User's water use permit substitution or offset credits. For the purpose of the application of this future User prioritization, any increase in IQ Water volume for existing Major Users will be based on the amount of the Major Users' irrigable acres irrigated with 10 Water in 2012. 7. TERM. The User agrees to receive from the District, IQ Water for approved uses for a minimum term of five (5) years from the effective date of this Agreement (or for such other initial term as may be determined by the District to provide for the expiration of the first five-year term of this Agreement to coincide with the expiration of all other initia| five'yearMajorUserAgrmernents), andvvhichmmayberenexvedforsuccessive8ve (5) year terms upon the mutual agreement of both Parties. Within no less than one hundred eighty (180) days and no more than three hundred sixty five (365) days from the end of the initial five (5)year term or the then-current five (5) year term, the Parties will meet and discuss the terms and conditions for entering into a new Agreement, which will reflect all of the terms and provisions then being incorporated into like District Major User Agreements. If revisions to the then current standardized Agreement are required, then the User may elect to not enter into a new Agreement with the District at its discretion. If revisions are not required to the then-current standardized Agreement or the Special Provisions, then that Agreement shall automatically renew for a new five year term. 8. |[}WATER DEFINITION. shall mean alternative water resources other than potable water, available to the District and shall include: (a) wastewater that has received the treatment established by the Florida Administrative Code, Rule 62'510.460, currently defined as wastewater that meets, at a minimum, secondary treatment and high-level disinfection after disinfection and before discharge to holding ponds or the |Q Water System and (b) Supplemental Water Supplies such as ground or surface water. lQ Water may also be referred to as reuse water, effluent water, or reclaimed water. Page 3 of18 \ �� 9. POINT OF DELIVEP' (POD). The POD is as defined in Ordinance No 'On-48 and located: where the discharge line from the ID.Water etorae tank exits the tank and further identified in Exhibit "B In the event that an existing Point of Delivery (POD) is being relocated and the District will be relinquishing ownership and maintenance responsibility of any facilities, the District agrees to provide to the User of any such conveyed facilities, a 5-year warranty commencing from the date this Agreement is executed by the Parties, to offset any direct expenses that the User may incur as the result of the permanent assumption of the ownership and maintenance of the conveyed facilities, whereby the District will agree to repair any facilities conveyed to the User that break down or otherwise fail to function as intended, when the cause of the failure cannot be directly attributed to an act or acts caused solely by the User or its agents. The District wilt also provide the User all District easements necessary for the User's maintenance of the conveyed facilities. 10.DELIVERY OF |{l WATER. All IQ Water delivered to User will meet applicable state, federal and local requirements at the District's Compliance Points. The District will not provide any additional wastewater treatment to the IQ Water beyond the compliance points located at the water reclamation facilities. No warranties or guarantees are made by the District with respect to IQ Water characteristics after its discharge from the water reclamation facilities. The District will not be held liable for any damage or harm to persons, property or vegetation resulting from the application of District |[l Water by the User. 11.METERS. All connections to the |[l Water system shall be metered in accordance with Ordinance No. 2013-48, as amended. 12.DISTRICT RESPONSIBILITIES UPSTREAM OF THE POINT OF DELIVERY. Except to the extent, if any, clearly and expressly specified in the Special Provisions paragraph in this Agreement to the contrary, the District shall own and be responsible for all repairs and associated costs of operating the 10 water system up to the POD. 13.DISTRICT RESPONSIBILITIES DOWNSTEAM OF THE POINT OF DELIVERY. Except to the extent, if any, clearly and expressly specified in the Special Provisions paragraph in this Agreement to the contrary, the District shall NOT own, operate, or maintain the IQ water distribution system and shall not be deemed to be in possession or control of the IQ water distribution system downstream of the POD. 14.USER RESPONSIBILITY UPSTREAM of the POINT OF DELIVERY. The User shall NOT own, operate, maintain or change or modify any part of the District's infrastructure. However, the User is responsible for landscape maintenance such as mowing and tree trimming around the District owned infrastructure on the User's property. Page 4ofIQ �� V.-3. USER RESPONSIBILITIES COVVNSTREAM OF THE POINT OF DELIVERY. Except to the extent; if any, clearly and espres»h Specified in the special provisions paragraph in this �g/eement to The contrary' the User shaU take full responsibility for the design, construction, permitting; Financing, compliance, operation, maintenance, and repair of the |[} water system downstream of the POD as outlined in Ordinance No. 2013'48. All User-owned pump stations must be equipped to automatically shut down due to low pressure or lack of flow. The District shall not be liable for User equipment failure or any damage due to low pressure or lack of flow. The User shall post {[lWater advisory signs as described in Section 62'610.468 F.A.C. Residential, industrial, and commercial users shall post, maintain, and replace signage at all community/facility entrances, storage facilities, and water features. Golf courses shall post, maintain, and replace signage at the storage facilities, water features, and either at the first and the tenth tee or on score cards, at the User's option. 16. USER RESPONSIBILITY TO CONVEY EASEMENTS FOR |Oi WATER FACILITIES T0DISTRICT. Upon the request from the District, the User, its successors and/or assigns, shall convey to District any and all utility and/or access easements necessary for IQ water distribution on their premises, at no cost to the District. All such documents shall be prepared, reviewed and processed in accordance with the provisions of Ordinance No. 2004-31, as amended, Ordinance No. 2013-48 and recorded as set forth herein. 17. CONSERVATION. User shall make all reasonable efforts to conserve IQ Water. The User shall ensure that the User's employees, contractors, agents, residents, and invitees are informed about the importance of water conservation by implementing an educational program. 18. INDEMNIFICATION AND HOLD HARMLESS. ( i ) Upon a finding through a production of competent evidence that: (a) the District has not placed anything either into or onto the User's property without the User's written consent, and (b) the User is responsible for injury to persons on, or damages to the property of the District, the User indemnifies and holds the District harmless from and against all liabilities, claims, damages, expenses, or actions, either at law or equity, caused or incurred as the result of the negligence, omissions or willful acts of the User, its agents, employees, residents, guests, or invitees, whose acts or omissions for which the District may be held liable during the District's performance of this Agreement; to specifically include any cross connections made by the User, including, but not limited to: between potable water, 10 water, surficial water and any other additional or supplemental water sources. User acknowledges that |{} water, due to its chemical composition, may not be compatible with the Users' irrigation of certain susceptible vegetation. User agrees that District will not be held liable for any damages that may occur to vegetation or for any other damages that may occur due to the use of IQ water by the User provided that the quality of the IQ Water that is delivered to the User meets all applicable state, federal and local requirements at the District's Compliance Points. Page SoflO \_�p (ii) Upon a finding through the production ofcompetent evidence that: the User has not placed anything either into or onto the Dst,ictis property or the District's easements for its reuse water delivery system without the District's written consent and the placement caused the alleged damage, and (b) the District is responsible for injury to persons on, or damages to the residential or commercial property of the User as the result of the negligence, omissions or willful acts of the District's employees, agents or other entities otherwise engaged by the District to develop, install, operate, manage or maintain the District's reuse water system on the User's property; the District, expressly without waiving any of its rights to sovereign immunity, and then only to the extent permitted by Florida law, in particular, Section 768.28, Florida Statutes, hereby indemnifies and holds the User harmless from and against all liabilities, claims, damages, expenses, or actions, either at law or equity, caused or incurred as the result of the negligence, omissions or willful acts of the District, its agents, employees, residents, guests, or invitees, whose acts or omissions for which the User may be held liable during the User's performance of this Agreement. The District will not be held liable for any consequential damages as the result of its lawful activities in providing IQ Water to any Users. (iii) For the purpose of both provisions (i) and (ii) above, if the Parties cannot resolve any dispute between them with their own representatives, formal mediation with a Florida Certified Mediator shall be held by the Parties with each party bearing one-half(>{)of the expenses of the Mediator selected by and acceptable to both Parties. If mediation between the Parties is unsuccessful, both Parties may avail themselves of all other available remedies at law and in equity. 19. CROSS CONNECTIONS PROHIBITED. On all properties where IQ Water service is provided, the public water supply shall be protected by an approved backOovv protection device as specified in Ordinance No. 1997-33, as amended. To determine the presence of any potential hazards to the District's potable or |Q Water Systems, the District shall have the right, but not the duty, to enter upon the premises and operate the private system of any User receiving IQ Water for the purpose of performing cross connection inspections. If a cross connection is found on a User's property, the District will immediately suspend IQ Water service pursuant to the provisions of Collier County Ordinance No. 2013-48. The District will provide a verbal notification to the User, followed by a detailed written notice as soon as practicable. {[\Water service will only be reinstated upon: (a) the removal of the cross connection together with any reasonable terms and conditions that the District determines are necessary to avoid future cross connections; (b) there is no history of previous cross connections or violations of the other provisions of Collier County Ordinance No. 2013-48 relating to the public health and safety by the User; and (c) the Florida Department of Environmental Protection (FDEP) provides its approval of the reinstatement Page 6 of 18 ��+~ to the District in a writing, if necessary. The User will be responsible for all costs incurred by the District and the User resulting from the cross connection. These costs include all potable or ICS Water used, including all potable ',rater used for flushing lines, and follow-up cross connection inspections performed oy a licensed professional irrigation contractor o r a certified Reclaimed Water Field Inspector as mandated by the District. IQ Water service will not be restored prior to submittal of a written report summarizing the cross connection inspections with subsequent written approval by the District. The User shall provide results of cross connection inspections performed upon initial connection to the District's System and take all reasonable precautions to prevent any cross connections while making repairs or extensions to the User's irrigation system. The User must provide the results of a cross connection inspection performed at each internal service connection prior to each future Agreement renewal. At the end of the five year term, one hundred percent of all potable and IQ Water service connections shall have been inspected. The results of the cross connection inspections must be submitted to the District by the User within thirty days of inspection. At the time of the Agreement Renewal, the User is required to submit a minimum of two cross connection inspections. The service connections that require inspections are listed in Exhibit "C." Additional cross connections inspections may be required as determined by the District when additional service connections are made or cross connections are found 20. RATE TO BE CHARGED FOR IQ WATER. For having available and/or furnishing the IQ Water, the District shall charge and User shall pay the rates and charges as defined in Ordinance No. 2013-44. The User is receiving Bulk Service under this Agreement. Bulk Service will be billed by the District as being the greater of either: i) the daily Allocation multiplied by 365 days and divided by twelve billing cycles, or ii) the actual IQ Water delivered as metered at the User's POD. Additional usage above the Allocation amount will be billed per published and prevailing rates, per service type, per 1000 gallons. For Major Users with Bulk Service, the Allocation as billed for the respective billing period shall be equivalent to a meter availability charge. 21. BILLING. Subject to terms and conditions of this Agreement, the District shall invoice the User for services on a monthly basis in accordance with Ordinance No. 2013-44, as amended, billing cycle meter readings, calculated charges, and other applicable rates, fees, and charges. The invoice shall include the billing period of service, the amount of IQ water service flows for each billing cycle, the total dollar and cents amount of the invoice, the amount of any credit applicable to said invoice whether Page 7 of 18 (17-0 by payment or o1henvise, the due date, and contact telephone number for any questions regarding the invoice 22. UNPAID FEE CONSTITUTE ,11. LIEN ON USER'S PROERT . The Use acknowledges and agrees that in the event that any fees, rates, or charges for the |(} Water Service and facilities provided for under this Agreement are not paid and become delinquent, any unpaid balance and all interest accruing thereon shall constitute a lien on the User's property pursuant to Section 10 of Ch. 2003'353, Laws of Florida, the "Collier County Water-Sewer District Special Act" (the "Act"). 23. USER EMERGENCY SITUATIONS. In the event of an emergency as defined in this Paragraph 23, the User shall notify any of those District representatives set forth herein and request that the supply of 10 Water temporarily cease. Such notice shall be made in writing where circumstances permit (an electronic writing is acceptable), and in the event of an immediate emergency, such notice may be by telephone with subsequent written confirmation. Emergencies shall include, but not be limited to, the following: (a) Climatic conditions such as hurricanes, floods, or unseasonably excessive rainfall that makes it impossible for User to accept |C}Water. (b) Short term equipment or material failure, making it impossible for User to store or distribute the lQ Water. (c) An act of God that makes it impossible for User to accept, store or distribute the 10 water. 24. DISTRICT EMERGENCY SITUATIONS. The District may temporarily cease |[l Water Delivery in anticipation of a major storm event. This emergency situation sha|l not relieve the User from payment for that period of time. 25. DISTRICT NOT LIABLE FOR FAILURE TO DELIVER lQ WATER. The District shall not be held liable by the User for failure to deliver IQ Water if certain situations preventing delivery exist that are beyond the reasonable control of the District. Such situations include, but are not limited to,the following: (a) Unavailability of |{} Water due to a loss or lack of influent to the water reclamation facilities due to a collection system failure or a reduction of wastewater influent flow beyond the anticipated low flow periods. (b) Unavailability of |[l Water due to a process failure. (c) Non-compliant tO Water, making it unusable for approved uses. Page 8 of 18 --' (d) Equipment or material failure in the IQ, Water delivery system, including storage and pumping. (e) IQ Water treatment facility repair or maintenance. (f) An act of God that makes delivery of IQ Water by the District not feasible or impossible. (g) Unusual climatic conditions such as hurricanes, floods, or unseasonably excessive rainfall that makes it not feasible or impossible for the District to deliver IQ Water. In the instance of Force Majeure or other situations limiting IQ Water availability, the District has the right to interrupt service per District operating protocols. Users directly impacted by a specific event; such as interruption of all Users downstream of IQ Water main break will be interrupted as needed. In the event of limited IQ Water availability, Bulk Users will be uniformly interrupted by a pro-rata percentage of their Allocation. 26. NOTICES. Any notice, request, demand, instruction or other communication to be given to either party hereunder shall be in writing sent electronically with a request for confirmation or receipt, or by facsimile with automated confirmation of receipt; or hand delivery by a private service; or by registered or certified United States mail, return receipt requested, postage prepaid; or personal delivery addressed as follows: USER: DISTRICT: Countryside Master Association, Inc. Wastewater Director 600 Countryside Drive 4370 Mercantile Ave. Naples, FL 34101 Naples, FL 34104 Attention: President With copies to: Office of the Collier County Attorney 3299 Tamiami Trail E., Suite 800 Naples, FL 34112 The addressees, addresses and numbers for the purpose of this section may be revised by either Party by giving written notice of such change to the other party in any of the manners provided herein. For the purpose of changing such addressees, addresses and numbers only, unless and until such written notice is received, the last addressee and respective address stated herein shall be deemed to continue in effect for all purposes. Notice given in accordance with the provisions of this section shall be deemed to be delivered and effective upon receipt of an automated fax confirmation; or on the fifth day after the certified or registered mail has been Page 9 of 1F pustmarked° or receipt of personal delivery: or delivery with an overnight courier or on the date upon which the return receipt is signed o/ delivery is refused or the notice is designated by the postal service as not delrir-2red as the case may be. if mailed. 27. NOTIFICATION IN EVENT OF EMERGENCY, The User's representative who shall be notified in the event of an emergency or District's inability to deliver Q water are: NAME, PHONE, EMAIL ADDRESS; J.D. Varon Golf Course Superintendent Mobile: 239.572.2300;Office: 239.353.0533 id @csgcc.net The District shall attempt User notification by telephone or email stating the nature of the emergency and the anticipated duration of the service interruption if the interruption is expected to exceed 72 hours. It is the responsibility of the User to provide written notification to the District of a change in representative. User may change its representative by providing written notice to District to become effective upon acknowledgement by District. The District representatives who shall be notified in the event of an emergency are: Irrigation Quality Manger, (239) 252-6284; AND On Call Wastewater Department, (239) 252-2600 28. USE OF |[l WATER. (i)The User hereby affirms that it has read, understands and will fully comply with the terms, conditions, requirements and obligations of Ordinance No. 2013- 48 for the receipt of District |C\ Water; and (ii) the User shall accept the |[l Water delivered by the District and use it only for approved uses on the User's Property pursuant to all applicable local,State, and Federal regulations. 29. CHANGES IN LAW/EXCUSE FROM PERFORMANCE. (i) This Agreement will be governed for this initial five (5) year term by the provisions of Collier County Ordinance No. 2013-48 as adopted on June 25, 2013. (ii)During the term of this Agreement, if there are any amendments, revisions or changes made to any relevant provisions of federal, state or other local laws, rules or regulations that negatively affect either of the Parties' ability to perform its respective duties or obligations, or obtain the reasonably backed financial benefits expected under this Agreement, then within ninety (90) days following the final adoption of such new law, rule or regulation, the Parties will meet and conduct good faith discussions and negotiations with respect to resolving the effected Party's adverse impact to include a Page I0of18 mutuaIi ' aereeabie rrniaticn of the Acre neut, if warranted OH if for any reason during: the tarm of this Agreennenz, any State o' Fedeal governments or agencies shall fail to issue necessary permits, grant necessary approvals, or shah adopt any laws or rules that will require any change in the operation of the treatment, transmission, and distribution systems or the application and use of IQ. water, then to the extent that such requirements shall affect the ability of any Party to perform any of the terms of this Agreement, the affected Party shall he excused from the performance thereof and the Parties hereto in conformity with such permits, approvals, or requirements shall negotiate a new Agreement if practicable. (iv) However, nothing shall require User or District to accept any new or renewal agreement if it substantially adds to the District's or the User's obligations or responsibilities duties, obligations, and expenditures hereunder. 30. RIGHT TO TERMINATE. In the event of a default under this Agreement, the non- defaulting party shall provide the defaulting party written notice of the default. The defaulting party shall be given a minimum of thirty (30) days or such other reasonable time period (if the default cannot be cured in thirty (30) days)to cure the default. If the default is not timely cured, the non-defaulting party may notify the defaulting party in writing that it has elected to terminate this Agreement. In the event that there is default under this Agreement that could result in immediate harm to the Public's health or safety, the non-defaulting party may immediately suspend its performance under this A0reennenttoinc|udetheinnrnediatesuspensionofthedeiiveryof|C\VVaterifthanon- defaulting Party is the District, by providing the defaulting Party with telephonic notice of such suspension followed up by written notice. Any such suspension shall continue until such time as the default is cured or the Agreement has been terminated. 31. ACCESS. User consents to the reasonable entry by the District upon the User's Property as provided for by Ordinance No. 2013-48. 32. NO THIRD PARTY BENEFICIARIES. This Agreement is solely for the benefit of the identified Parties hereto, and their successors in interest, or assigns, and no right or cause of action shall accrue upon or by reason hereof, to or for the benefit of any third party not a Party hereto. 33. SEVERABILITY. If any court of competent jurisdiction finds that any part of this Agreement is invalid or unenforceable, such invalidity or unenforceability shall not affect the other parts of this Agreement if the rights and obligations of the Parties contained therein are not materially prejudiced and if the intentions of the Parties can continue to be effected. To that end,this Agreement is declared severable. 34. LAND USE APPROVALS. This Agreement shall not be construed as a basis for granting, assuring, indicating, denying, refusing to grant or preventing any future grant of land use zoning approval, permissions, variances, special exceptions or any Page 11 of 18 v +'y other rights with respect to the real property in the approved uses a/ea, so long as those approvals do nor rendar this rem t null and void„ and/or negatively impact the |[}usebvtheWei 55. APPLICABLE LAW, This Agreement and the provisions contained herein shall he construed, controlled, and interpreted according to the laws of the State of Florida, Florida Administrative Code, Collier County Ordinances, and the |(} Water Policy, as they may he amended or replaced from time to time. 36. ASSIGNMENT. Assignment or transfer of the User's rights or obligations under this Agreement is prohibited without prior written consent of the District. Any attempt by User to assign or otherwise transfer this Agreement off the Property shall be deemed to be null and void. 37. BINDING EFFECT. This Agreement shall be binding upon the Parties hereto, their successors and assignees. 88. RECORDATION; AGREEMENT RUNS WITH THE LAND. This Agreement shall be executed in accordance with Florida Statutes to allow for it to be recorded in the Public Records of Collier County, Florida, at the District's cost, and shall thereby run with the land. Any easement granted by the User and any successor and/or assigns, or any termination issued hereunder, shall also be recorded in the Public Records of Collier County, Florida. The User shall have the right to sell, transfer, or encumber the Property, except that written notice of any proposed sale or transfer must be given to the District, as provided for herein, at least thirty /30\ days prior to sale or transfer. So long as use of the property shall substantially continue to be for the purposes intended by this Agreement, any subsequent party shall be obligated under the same terms and conditions of this Agreement unless modified by written agreement between the District and any successor and/or assigns. At the first five (5) year renewal period after such sale, transfer, or encumbrance, the Agreement must be renewed with the successor and/or assigns, or lQ Water service will be discontinued. 39. ENTIRE Agreement. This Agreement constitutes the entire Agreement between the parties with respect to the subject matter referenced herein. Any amendment hereto shall be in writing duly executed with the same formalities as this Agreement by the Parties hereto, or their successors in interest to the Property. Each amendment shall clearly and specifically refer to this Agreement by title and date. Any amendments to Ordinance No. 2013'48 or the IQ Water Policy shall not be applicable to the User during the initial five (5)year term of this Agreement. 40. SPECIAL PRQV|SONS, Exhibit "D" assigns and defines site specific provisions, if any are applicable. Page 12 of 18 `.-� 41. EXHIBITS. See attachments. Witnesses: AS TO USER Witnes (Signature) Name: iv(vti-ser j y tiV\ .`�r,�ti. Countryside Master Association, Inc., a Florida non-.rofi orporation By:JA /1— 1� AA / Witness Si:nature) tiVe4 o el .13e-ac ekd ) GM fOO / Printed name and title Or ame: .j--■ 7 , VNtizor•J Page 13 of 18 (1141 State of `pr' ,(.e-G` r Count:r � (1% I��" The foregoing Major User Agreement for Delivery and Reuse of Irrigation Quality (IQ) Water was acknowledged before me this )6 day of s i— 2016 by ct' e. Q,rAct Ae,le (Name), C�z✓J d_ (Title), on behalf of Countryside Master Association, Inc., a Florida non-profit corporation (USER), who is personally known to me or who has produced (type of identification) as identification. (affix notarial seal) at e f Notary Publicq ,, •:;;_PAMELA BECKER RADCUFF �a VV- (c pct Cam{ MY COMMISSION#FF124130G (Print Name of Notary Public) d�'. EXPIRES June 2,2018 ( Y ) 398-0153 FloridallotaryService.com NOTARY PUBLIC Serial/Commission #:(if any) r Z' � My Commission Expires: !' —1 AS TO THE DISTRICT: ATTEST:. .... DI . T E. BROCK LERK BT M , DISTRICT OARD OF, FLORIDADISTRIC, AS THE COM GOVERNING ISSIONERCOLLIER BODY OF COLLIER DISTRICT AND EX-OFFICIO THE est as t� 'ft�- ERK GOVERNING BOARD OF THE COLLIER DISTRICT ' WATER-SEWER DISTRICT r;ignatTe 0nf V By: u-c�.- i M flarnr.E., Chat rN\a Ap rov d as to f a d legality: L � K Name: 5c44-- 12- h e-L, Title: ep14.44r C°"'"�}' r4ltaY t-ey County Attorney's Office Page 14 of 18 tr, ^ ^ EXHIBIT A PROPERTY DESCRIPTION � The prope�ycovered by this Agreernantisthe [ountrysideGo|f[ourse, Pance| \denti8omticn Nummber2QS3678O2O9, shuxvnbe|nvv. Residenda| !ots�ndpub|icriQhtsofvvayareex�/uded unless they are in igated with IQ Water. � .,,,,,,,,tvi _ *Ii.-!,4 „,,,,'„ .,. i,,:,,r,A,;,,,,,v':,"t" ;',,,,,,,,,!1=1/ '4410"."1/4''''' (1/4)1/4 '''‘`', ' '''..''''';'.44 AV i Os.'N +.;',:4,.4„ '..- ,,,..:'., ,(,, ,,..,,,,„,n,',1,,?7,,,,',,,,,,,,,,,,Pc,,, ' :) ''''..'•:.': ' 'I'V-'. v> 4 • Page 15 of 18 0 .t.4!):., 4 EXHIBIT B EXH W 0 K d 5 a SCALE: -1*' 20 jr—N LJ u D tniz ,o }--,-128.t >-fst--=', tt-1.1g A o , 0t2 2 < 006 _J— •.P, 8112,b < i c4 CZ CS- n w 0 a 8 o— ICI t ■-•-0 o D. CS , L1, 8 rt El 6 4 ..., g g"84 24 0 c, m. ■-, 0 5F+ 0 0 — *0 Z c14* Xvis, §--t-,.... -hvi-,5 oznIP.L9Q"ja fi-,,,,z i 1 ..ii5.1 t ci-,1:z in- n1`517'2 -14°`ez Willi 2 Z.,Laglfc, 0),DE .A A *l o uii . ■'.10' ,^, i 1 0 ow a 4 '-f- '.°;:.* ieff kA i ii: tiO) 212 4' ,...-t. >---- Li s 1 -...''' /fl ..F (.......) tAl.._i I--3 3 co LL- CL' Li_i 4 Wel C 2 i , , 1.,•-•1 w L-Lj .*, a z . . -4- . , _J ,„ 7 tnr, .cre4' is ) 1 - , 7,1 :13 (f) Z ' ''. • a Li V- --0.... . 7. >ff'1. ' 1 .......- ,_.------,........,,, , . ' . '..1 CL.44 ' I N., O' a ■Ii ''wl Viiitt'''' 11 ' ,-. I e --- . , . ft. ? 1 1.- . ,-- 0 Lo Z 1,19 , gill--''' z , , L _) cc) ..... , ,• w M LIJ II' t0J S 5 rim a, 2 g: . , tn fiall ° " 6 L, II n n'ir in— ,r) n -1 I 0 ", .1.. • x C5 5 ce.- ,., La 5 1.- „ '''' ,, 0.0..• P ' ..-- cp 2 x 0 • w ,..., . it. - -:#4 '.' y- 141 _ =, . . . , 6 - . '.- -------• • . ,k' : QAQ LT .,. ' 1 - , ----, n-,-," 1c -*Cie) EXHIBIT CROSS CONNECTION INSPECTIONS REQUIRED Cross connection inspections are required at the clubhouse, golf course maintenance building and any other structure served by the potable water system whose grounds are irrigated with |(}Water. Page 17 of 18 EXHIBIT D SPECIAL PROVISIONS None Page 18 of 18